Discrimination, Old and New

Outsiders ◽  
2019 ◽  
pp. 11-36
Author(s):  
Zachary Kramer

Chapter 1 examines the stories and cases of three women, each of whom was unsuccessful in her attempt to use civil rights laws to redress an individual wrong. The transition from old to new discrimination is a story about identity. Despite their different jobs and distinct life experiences, the women in Chapter 1 share a common bond. They are outsiders. Discrimination evolves. While it used to be aimed at discrete outsider groups, discrimination is increasingly about the individual. And existing civil rights law is not equipped to deal with this shift. We need a new language to explain modern discrimination. Religious discrimination law holds the key.

2013 ◽  
Vol 5 (1) ◽  
pp. 131-137
Author(s):  
Roxanne Christensen ◽  
LaSonia Barlow ◽  
Demetrius E. Ford

Three personal reflections provided by doctoral students of the Michigan School of Professional Psychology (Farmington Hills, Michigan) address identification of individual perspectives on the tragic events surrounding Trayvon Martin’s death. The historical ramifications of a culture-in-context and the way civil rights, racism, and community traumatization play a role in the social construction of criminals are explored. A justice orientation is applied to both the community and the individual via internal reflection about the unique individual and collective roles social justice plays in the outcome of these events. Finally, the personal and professional responses of a practitioner who is also a mother of minority young men brings to light the need to educate against stereotypes, assist a community to heal, and simultaneously manage the direct effects of such events on youth in society. In all three essays, common themes of community and growth are addressed from varying viewpoints. As worlds collided, a historical division has given rise to a present unity geared toward breaking the cycle of violence and trauma. The authors plead that if there is no other service in the name of this tragedy, let it at least contribute to the actualization of a society toward growth and healing.


Author(s):  
Mitch Kachun

Chapter 1 introduces the broad context of the eighteenth-century Atlantic world in which Crispus Attucks lived, describes the events of the Boston Massacre, and assesses what we know about Attucks’s life. It also addresses some of the most widely known speculations and unsupported stories about Attucks’s life, experiences, and family. Much of what is assumed about Attucks today is drawn from a fictionalized juvenile biography from 1965, which was based largely on research in nineteenth-century sources. Attucks’s characterization as an unsavory outsider and a threat to the social order emerged during the soldiers’ trial. Subsequently, American Revolutionaries in Boston began the construction of a heroic Attucks as they used the memory of the massacre and all its victims to serve their own political agendas during the Revolution by portraying the victims as respectable, innocent citizens struck down by a tyrannical military power.


Author(s):  
Jakub Čapek ◽  
Sophie Loidolt

AbstractThis special issue addresses the debate on personal identity from a phenomenological viewpoint, especially contemporary phenomenological research on selfhood. In the introduction, we first offer a brief survey of the various classic questions related to personal identity according to Locke’s initial proposal and sketch out key concepts and distinctions of the debate that came after Locke. We then characterize the types of approach represented by post-Hegelian, German and French philosophies of the nineteenth and twentieth centuries. We argue that whereas the Anglophone debates on personal identity were initially formed by the persistence question and the characterization question, the “Continental” tradition included remarkably intense debates on the individual or the self as being unique or “concrete,” deeply temporal and—as claimed by some philosophers, like Sartre and Foucault—unable to have any identity, if not one externally imposed. We describe the Continental line of thinking about the “self” as a reply and an adjustment to the post-Lockean “personal identity” question (as suggested by thinkers such as MacIntyre, Ricœur and Taylor). These observations constitute the backdrop for our presentation of phenomenological approaches to personal identity. These approaches run along three lines: (a) debates on the layers of the self, starting from embodiment and the minimal self and running all the way to the full-fledged concept of person; (b) questions of temporal becoming, change and stability, as illustrated, for instance, by aging or transformative life-experiences; and (c) the constitution of identity in the social, institutional, and normative space. The introduction thus establishes a structure for locating and connecting the different contributions in our special issue, which, as an ensemble, represent a strong and differentiated contribution to the debate on personal identity from a phenomenological perspective.


Author(s):  
Oleksandr M. Bukhanevych ◽  
Serhii O. Kuznichenko ◽  
Anastasiia M. Mernyk

The study investigates the foreign experience of constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law in Macedonia, Armenia, Belarus, Moldova, Georgia, Latvia, Lithuania, Albania, Azerbaijan, which is relevantin modern conditions, based on the presence of local military conflicts, emergencies, or the possibility of their existence in many countries of the world. The purpose of this study was to analyse the text and content of the constitutions of foreign countries to clarify and explain the groundsfor restricting human and civil rights and freedoms in conditions of emergency and martial law. To achieve this purpose, the study employed a system of methods of scientific cognition, namely general scientific (analysis, synthesis), particular (comparative, quantitative and qualitative analysis, approximation), as well as special legal (formal legal, comparative legal) methods. The practical value of the study lies in the identification of four prevailing trends in the constitutions of foreign states to the procedure for determining the scope of restrictions on human rights under special regimes: 1) consolidation of an exhaustive list of rights and freedoms in the constitutions, which cannot be restricted during the period of emergency and martial law; 2) consolidation of an exhaustive list of rights and freedoms in the constitution, which can be restricted to protect human rights, the democratic structure of the state, public safety, the well-being of the population and morals; 3) combining the first two options for consolidating restrictions in the text of the constitutions; 4) consolidation of the possibility of limiting the rights and freedoms of the individual in the texts of constitutions by state authorities under special legal regimes in the interests of national security without specifying partiular rights and freedoms that may (or may not) be restricted


2018 ◽  
Vol 46 (3) ◽  
pp. 756-762
Author(s):  
Dorit Rubinstein Reiss ◽  
V.B. Dubal

Influenza mandates in health care institutions are recommended by professional associations as an effective way to prevent the contraction of influenza by patients from health care workers. Health care institutions with such mandates must operate within civil rights frameworks. A recent set of cases against health care institutions with influenza mandates reveals the liabilities posed by federal law that protects employees from religious discrimination. This article examines this legal framework and draws important lessons from this litigation for health care institutions. We argue counterintuitively that providing religious exemptions from influenza mandates may expose health care institutions to more liability than not providing a formal exemption.


Author(s):  
Teresa Yanitska-Panek

Literary education is very important in the process of forming the personality of the individual. It is necessary to implement a number of conditions in order to student’s contact with literature was a great experience. Reading can be seen as a way of man’s existence in the world of symbols and information. Reading can also be a medium through which cultural content reaches to the recipient and enrich and improve his language and engage him emotionally. Reading is an act of great importance, austerity and effort, and at the same time it is an act of preparing the reader and the recipient to the reflection.Many authors emphasize the value of reading, inspired many motives. The authors draw attention to the different attitudes towards reading of the text which have been described by Lech Witkowski, philosopher and pedagogue in 2007. Eight status of the text in the course of reading are specific hints for teachers and non-pedagogical readers how to treat the text. The philosopher’s look on the function of reading puts this ability in a variety of contexts and makes that people interested in reading can become seekers and creative.The reading is determined the following learning outcomes: student reads fluently, correctly, fluently and expressively aloud texts consisting of words discussed during classes. These texts relate to real-life experiences of children and cognitive expectations. A student also understands short texts read silently; student correctly reads aloud texts written own in a notebook and texts stored on a PC. The student working with text by searching for the most beautiful piece. He is also able to distinguish in literary texts the forms such as narrative, description and dialogue.


Author(s):  
Mithun Sikdar

In one of the articles published in Current Anthropology way back in 1973, David G. Mandelbaum talked about two approaches to understand the life of an individual. For him, to observe the lifestyle of a person or gain the knowledge about a lifestyle of a person, social scientists always succumb to two main approaches: life passage studies and life history studies. Life passage studies understand the contribution of society about the socialization and enculturation of their young ones, whereas life history studies emphasize the personified experiences and requirements of the individuals and how the individual copes up with the society. Here I have adopted the means of life history study to see some of the facets of Gandhiji’s life and its influence in the society. I shall do it by looking at some of his philosophies on health, food, sexual life, rather than going into the details of his whole life history. I shall do it without perplexing my own way of understanding “Mahatma” and linking sometimes my own life experiences that had been influenced by the philosophies of Gandhiji. I shall be carrying out an autoethnography by perceiving the virtues of Gandhiji in my own life. Nevertheless, it will rather be a futile exercise to describe his philosophies in a single paper and that too with a minimum experience on his whole life.


Author(s):  
Candy Gunther Brown

Chapter 1 illuminates the educational and legal contexts in which yoga and meditation entered the U.S. cultural mainstream. Beginning in the seventeenth century, public schools taught Protestant Christianity. Since the mid-twentieth century, public schools have been tasked by courts with providing a secular education and by educational reformers with shaping moral character and ethical behavior. Yoga and meditation appeal to educators because they promise not only to enhance physical, mental, and emotional health but also to instill morality and ethics without promoting religion. The U.S. Supreme Court issued a series of landmark rulings, among them Engel v. Vitale (1962) and School of Abington Township v. Schempp (1963), that prohibited public schools from endorsing religious practices such as prayer and Bible reading. The Court developed constitutional tests, the Lemon test, endorsement test, and coercion test, for identifying violations of the Establishment Clause of the First Amendment, based on principles of religious voluntarism, equality, and nondiscrimination. Through the federal cases Malnak v. Yogi (1979) and United States v. Meyers (1996), courts developed the Malnak-Meyers indicia of religion. In 2008, the Equal Employment Opportunity Commission (EEOC) identified the imposition of yoga and meditation as reverse religious discrimination.


2020 ◽  
pp. 233-240
Author(s):  
Robert Miklitsch

The dialectic between the individual and collective in gangster noir continues in the post-’50s period. The individualist emphasis is most obvious in the syndicate and rogue cop film, achieving something of a classical synthesis in Samuel Fuller’s Underworld U.S.A. (1961) and, courtesy of Robert Mitchum’s bravura performance as Max Cady, a baroque climax in J. Lee Thompson’s Cape Fear (1961). Though the postclassic heist movie can be categorized in terms of its “cosmopolitan,” “Las Vegas,” and “civil rights” variants, Lewis Milestone’s Ocean’s 11 (1960) not only exhibits these various subgenres but also proffers a postmodern gloss on the oppositional collective implicit in The Phenix City Story and Odds against Tomorrow.


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